Knight v. Continental Casualty Co.

This is an action to recover benefits under a health and accident insurance policy. The jury returned a verdict for plaintiff. On defendant’s motion, the trial court entered a judgment notwithstanding the verdict in favor of defendant. Plaintiff appeals.

The day after the policy went into effect plaintiff fell and injured a disc in her back. The injury required surgery. When defendant refused to make payment under the policy, plaintiff brought this action.

Defendant set up an affirmative defense alleging that plaintiff had given a false answer to one of the questions in the application for…